BILL NUMBER: S457

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the labor law, in relation to the commissioner's duty to
ensure employers inform employees about certain provisions in employment
contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that employers inform workers that non-disclosure or non
disparagement provisions in their employment contracts cannot prevent
them from speaking with law enforcement, the equal employment opportu-
nity commission, the division of human rights, a local human rights
commission, or an attorney retained by the employee.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 21 of the labor law by adding a new subdivision
16 to require employers to inform employees signing non-disclosure
              

agreements that they retain the right to report to law enforcement, the
equal employment opportunity commission, the division of human rights, a
local human rights commission or an attorney retained by the employee.

Section 2 provides the effective date.

 
JUSTIFICATION:

As the use of non-disclosure agreements in employment contracts has
become more widespread, there have been frequent misunderstandings about
the rights of employees to report workplace misconduct. Many workers are
victims or witnesses to sexual harassment believe that if they report to
the police or cooperate with an investigation they could be sued for
violating their nondisclosure agreements. Requiring employers to clarify
the limits on nondisclosure agreements will ensure all workers are aware
of their legal rights and can freely report unlawful acts without fear
of retaliation. This legislation will establish an important safe-guard
against the misuse of nondisclosure agreements as a tool to silence
whistleblowers.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A1115A/S2035A - Referred to Labor/Referred to Investigations
and Government Operations
2017-2018: A11301A - Referred to Labor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The ninetieth day after it shall have become law.